HomeMy WebLinkAboutO-13919City of Miami
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Legislation
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Ordinance: 13919
File Number: 7633
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II/SECTION 54-46 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND
SIDEWALKS/CONSTRUCTION EXCAVATION AND REPAIR/AGREEMENT
AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS
SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," AND CHAPTER 55
OF THE CITY CODE, TITLED "SUBDIVISION REGULATIONS," TO MODIFY
CERTAIN SUBDIVISION REQUIREMENTS, PROCESSES, AND STANDARDS
INCLUDING CERTAIN DESIGN STANDARDS AND REQUIREMENTS FOR
SUBDIVISION AND RIGHT-OF-WAY IMPROVEMENTS; PROVIDING FOR
MINIMUM STANDARDS FOR CONSTRUCTION PLANS FOR REQUIRED
IMPROVEMENTS, INCLUDING ENHANCED SEAWALL AND BRIDGE
CONSTRUCTION STANDARDS; REQUIRING STREET LIGHTING IN
CONNECTION WITH AND AS A REQUIRED IMPROVEMENT FOR PLATTING;
CLARIFYING SURVEYOR REQUIREMENTS TO SUBMIT AND PROCESS
PLATS; MODIFYING SECTION 55-10(C) OF THE CITY CODE RELATED TO A
PLATTING EXCEPTION FOR SINGLE-FAMILY HOMES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner
Manolo Reyes
WHEREAS, Chapter 54, Section 54-46 of the Code of the City of Miami, Florida, as
amended ("City Code"), provides for the requirements for agreements and bonds in connection
with right-of-way improvements required as part of the platting process; and
WHEREAS, Chapter 55 of the City Code provides subdivision regulations and
procedures related to platting; and
WHEREAS, the City Commission wishes to amend the City Code to modify certain
platting regulations including those pertaining to design standards, platting exceptions for single-
family home construction and renovation, requirements for subdivision and right-of-way
improvements in connection with the platting process, surveyor qualifications, and requirements
for construction plans for subdivision improvements;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 9 File ID: 7633 (Revision: A) Printed On: 1011912020
File ID: 7633 Enactment Number: 13919
Section 2. Chapter 54 of the City Code is further amended in the following particulars:'
"CHAPTER 54"
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION EXCAVATION AND REPAIR
Sec. 54-46. Agreement and bond as to paviRg and Ather right-of-way and subdivision
improvements by persons submitting plats, replats, etc., to commission.
(1) The construction within the platted area of permanent -type street pavement,
including grading and fill as required, sidewalk, curb and gutter, parkways, street
lighting, stormwater systems, seawalls, permanent bulkheads, inns- QfF e6
sanitary sewers, water mains and services in connection therewith, and other
improvements where the proposed use and location make such improvements
necessary.
(4) Adequate drainage by grading or filling of the land within the platted area to the level
of the street grades established by the Department of resilience and public works den;t or
the flood grade established and recorded on maps of Miami -Dade County, whichever is higher;
provided that swale areas shall be used at the rear of lots when the nature of drainage
conditions make them necessary for proper seepage of water in the substrata. Where fill is
required, the fill material shall not contain any rubbish, tree stumps, debris, muck or other
objectionable material. In development projects, where septiG +arks and drainfields may be
required, the fill material must also be sufficiently permeable to meet standard percolation test
requirements.
Areas which will become public rights -of -way shall contain fill material which conforms to
the standard specifications of the city for the construction of streets.
Upon completion of the improvements, the performance bond, irrevocable letter of credit,
or cashier's check hereinafter provided for shall not be released unless the permanent reference
monuments indicated on the plat have been placed on the ground at the expense of the owner
of the platted land and verified by the Department of resilience and public works dep;t.
and nE)r1Firrv»+iGR by the nit y GE)M issien of the plat; pFeyided here eyeF that tThe time for the
performance of the agreement may be extended by the director of resilience and public works.
The city manager and the director of the Department of resilience and public works
dep;t are hereby authorized and directed to withhold from submission to the commission
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633
Enactment Number: 13919
any proposed plat, replat, revised plat, amended plat, or resubdivision of any previous record
plat or portion thereof, unless the hereinbefore-mentioned agreement and performance bond,
irrevocable letter of credit or cashier's check accompany the proposed plat.
*„
Section 3. Chapter 55 of the City Code is further amended in the following particulars:'
"CHAPTER 55"
SUBDIVISION REGULATIONS
Sec. 55-1. Definitions.
Final plat is the final tracing, map or drawing prepared by a professional surveyor and
mapper, on which the subdivider's plan of subdivision is presented to the governing body for
approval, and which, if approved, will be submitted to the clerk of the circuit court for recording.
I ;;Ad Professional surveyor and Mapper means a 4pd professional surveyor and mapper
registered under F.S. ch. 472 who is in good standing with the state board of professional
surveyors and mappers.
Tentative plat is a survey drawing prepared by a professional surveyor and mapper,
indicating existing conditions and the proposed layout of the subdivision submitted for approval.
Sec. 55-7. Same -Procedure -Conference and tentative plat.
(a) Preliminary conference. The subdivider or his/her engineer or professional surveyor
and mapper, prior to the preparation of the tentative plat, may informally seek the advice of the
supervisor of plats, or his/her designee, in order that he/she may become familiar with the
subdivision requirements.
(b) Tentative plat. The tentative plat shall show all of the facts and data required by the
supervisor of plats to determine whether the proposed layout of the land in the subdivision is
satisfactory from the standpoint of public interest.
(1) The following information shall be a part of the tentative plat unless waived by the
supervisor of plats:
City of Miami Page 3 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633 Enactment Number: 13919
b. Name and address of record owner, subdivider and the 4pd- ofessional
surveyor and mapper preparing the tentative plat.
e. The location of any existing sewers-aPA water mains, stormwater infrastructure,
or any other underground or overhead utilities, culverts and drains on the
property to be subdivided and within Gr- r adjacent rights -of -way and easements.
Legal description and plan or proposed layout of lots made and certified by a
professional surveyor and mapper.
Existing ground elevations of the property and adjacent rights -of -way on a 25 5-0-
foot-grid pattern, and any other significant elevations and extending to the
centerline of adjacent rights -of -way.
(e) Approval of tentative plat. Approval and recommendation of the tentative plat by the
plat and street committee shall be valid for a period of one year and six months under the terms
and conditions stipulated by the committee for said approval, except for governmental entities
and agencies, for which the approval and recommendation of the plat and street committee,
subject to the terms and conditions stipulated therein, shall be valid for a period of two years. In
the event that the subdivider does not submit a final plat and receive commission approval
within the above -specified time limit, the tentative plat shall be deemed abandoned, and to
obtain commission approval of a final plat the subdivider shall resubmit the tentative plat or a
new tentative plat with a new application and payment of the required fees. A subdivider may
request an extension of time in which to file a final plat by submitting a written request, prior to
the expiration of the tentative plat, to the director of the Department of resilience and public
works depaFtFneRt, stating that the subdivision is located in a "critical sewer area" as designated
by Miami -Dade County department of environmental resources management and, due to the
sanitary sewer connection moratorium in effect in the "critical sewer areas," that the subdivider
cannot obtain required water and sewer agreements from the Miami -Dade County water and
sewer awtheFity department. Any extension granted pursuant to this section shall be for the
duration of the sanitary sewer connection moratorium plus 90 days.
Sec. 55-8. Same -Same -Final plat.
(b) Preparation. The final plat shall be prepared by a professional surveyor and
mapper. The final plat shall be clearly and legibly drawn in black ink on drafting linen or a
Mylar base, to a sheet size of 18 ORGhes by 28 ORGhes of 30 inches by 36 inches and to a
scale of sufficient size to be legible, with a minimum lettering size of one eighth (1/8) of
an inch. The final plat, insofar as preparation is concerned, shall comply with all
applicable regulations and state laws dealing with the preparation of plats.
(c) Contents.
City of Miami Page 4 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633 Enactment Number: 13919
(16) Certification by a registered ir. eyer professional surveyor and mapper to the effect
that the plat represents a survey made by him/her, and that their location is correctly shown.
(20) Signature of the director of Miami -Dade county department of regulatory and
economic resources and, if applicable, the director and county engineer of the Miami -Dade
county Department of Transportation and public works4^g.as+o m.anageMeRt depar4mon4
indicating that the plat also conforms to Chapter 28 of the County Code.
(e) Approval by city commission.
(2) If the property owner has not caused the recordation of the plat within the above -
specified 180 days, the director of the Department of resilience and public works shall notify
the city commission that the plat is in default, and is deemed abandoned. The director shall
submit to the city commission, at the earliest available meeting, a resolution for their
approval rescinding their prior action and ordering the release and/or refund of any bond for
subdivision improvements. The property owner shall be notified by registered letter, return
receipt requested, that his/her plat is in default and shall be informed of the date of the city
commission meeting at which recission of his/her plat will be considered.
Sec. 55-10. - Building permits; issuance; restrictions; exceptions.
(c) A building, remodeling or renovation permit may be issued for constructing, remodeling or
renovating a one -family detached dwelling and customary accessory buildings on a parcel of
unplatted land or on a lot of record that has been divided into separate parcels, if proof is
submitted that said unplatted parcel was described by deed prior to September 25, 1946, or
said division of lot was approved under zoning regulations in effect prior to June 27, 1983. A
GRe family detaGhed dwe"iRg and GUsternaFy aGGesseFy buildiRg OR a let, eF lets of FeGeFd that
GORfiFFF1 that the GGF1StFWGtiGR of a GRe family detaGhed dwelliRg is able te be built GR 66IGh
Iet(s) ef FeGGFd OR GGFFlpIiaRGe with the Gity Cede and Miami 21 Cede, er aRY SUGGesser land
For a lot of record that has been divided into separate parcels where approval under zoning
regulations in effect prior to June 27, 1983 cannot be demonstrated, a building permit for the
City of Miami Page 5 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633
Enactment Number: 13919
construction, remodeling, or renovation of a one -family detached dwelling and cu
accessory buildinas may be issued Drovided that:
(1) The divided lot(s) of record or a combination of lots of record and divided lots of
record are reviewed by the Plat and Street Committee and approved after
demonstrating:
a. A one -family detached dwelling (and customary accessory structures, if any)
exists or previously existed on the divided lot(s) of record or a combination of the
divided lot(s) and lot(s) of record which the building permit is sought or on the
remainder of the divided lot(s) of record or a combination of the divided lot(s) and
lot(s) of record for which a building permit is not being sought;
b. Compliance with the lot area and width requirements of Miami 21 or any
successor land development regulations related to the same;
c. That such approval will not cause a remainder of a divided lot of record or a
remainder of a divided lot of record in combination with another lot of record or
divided lot of record for which a building permit is not being sought to be a
substandard building site in accordance with the provisions of Miami 21; and
d. The divided lot(s) of record was divided prior to October 22, 2009;
(2) Undedicated right-of-way required to be dedicated pursuant to Section 54-58 of the
City Code, as amended, is dedicated to the City; and
(3) Required street improvements in connection with the building permit, if applicable,
are provided pursuant to Section 54-56 of the City Code, as amended.
Sec. 55-11. Design standards.
(d) Lots.
(4) Where lots are created, each lot may be provided with perpetual right of access by private
street or roadway, intersecting with an existing public street, as set forth below:
e. On private roads, 400150 feet or less in length from the public right-of-way to the end of
the private street, or roadway, a "T" type turning area may be substituted for the required
cul-de-sac, sufficient for the maneuvering of fire or other emergency vehicles.
Sec. 55-12. Required improvements.
City of Miami Page 6 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633
Enactment Number: 13919
(2) Streets.
c. Seawalls and bulkheads. Permanent -type bulkheads along the entire water frontage of a
waterfront property and right(s)-of-way shall be constructed/reconstructed to be in
compliance with current standards and specifications as set forth by the Department of
Resilience and Public Works.
d.e-Sidewalks. Sidewalks shall be required in all residential, multiple -family, commercial and
industrial areas adjacent to existing and newly dedicated street rights -of -way. Construction
of sidewalks shall be subject to the inspection of the department of resilience and public
works and issuance of necessary permits prior to construction.
e. Street Lighting. Permanent street lighting shall be required for all building permit
applications. All fixtures and poles shall be installed on public right-of-way, shall be of a type
approved by the Department of Resilience and Public works, and shall comply with the
Department's standards and bulletins.
f. All new bridges (vehicular, pedestrian, and others) shall follow the minimum design
standards set forth by the American Association of State Highway and Transportation
Officials Load Resistance and Factor Design bridge design specifications and the Florida
Department of Transportation's Structures Design Guidelines. Coordination and permitting
shall be conducted with all agencies required, including but not limited to South Florida
Water Management District (SFWMD), the US Army Corps of Engineers (USACE), the
Coast Guard, and utility companies.
g_�. Fill. Fill shall be placed in the entire subdivision to the elevations, after settlement,
required by the Department of Resilience and Public Works or as indicated on the flood
criteria maps prepared by Miami -Dade County, whichever is higher. The filling of land within
any platted area contiguous to Biscayne Bay and all new or future islands or enlarged
existing islands in Biscayne Bay must be constructed to standards set forth in Section 54-
46. The type of fill shall meet with the approval of the department of resilience and public
works. Soil tests of the fill and the underlying material, in areas in which streets or other
public facilities are to be located, shall be required. The fill for the balance of the subdivision
may be certified by a registered engineer as to type and method of placement, or the
engineer shall submit a statement as to type of fill to be supplied, aPA-method of placement,
and required compaction, the latter statement being for information, not certification,
purposes.
(3) Water supply system.
b. Individual wells. Individual wells for domestic water supply shall not be permitted. Deep
wells for the disposal of on -site drainage of stormwater shall be constructed in accordance
with requirements of the Miami -Dade county department of Feg lateFy and e^^F1^w'i^
rocreseui: a Environmental Resources Management and shall be approved by them. On -site
stormwater must be accommodated on site. Drainage from on -site sources into the public
right-of-way shall not be permitted.
(4) Sewage disposal system.
City of Miami Page 7 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633 Enactment Number: 13919
a. Connection to existing sanitary sewer. The subdivider shall contact and make the
necessary arrangements with the Miami -Dade County Water and Sewer Department for
construction, extension, and/or upgrading of the domestic water supply system necessary to
serve the area being platted. On streets with existing sanitary sewers, each new lot in a
subdivision shall be provided with a sanitary lateral connection. When necessary, the
existing sanitary sewer shall be extended, and new lots shall be provided with a sanitary
lateral connection. All construction shall comply with standards and specifications of the
department of resilience and public works and Miami -Dade water and sewer department
and shall be subject to the inspection by the department and subject to issuance of the
necessary permits prior to construction.
b. Septic tanks. Where there is no sanitary sewer available, septic tanks may be permitted
upon approval by the Florida Department of Health and Miami -Dade county department of
regulatory and economic resources in accordance with the provisions of Chapter 24 of the
Miami -Dade County Code. Septic tanks shall be installed in compliance with all of the
requirements, specifications and standards of the county and state governing their use.
(5) Underground electric and telecommunication lines.
a. Except as expressly provided hereinafter, all utility lines including but not limited to those
required for electrical power distribution, telephone and telegraph communication, street
lighting and television signal service shall be installed underground.
Sec. 55-13. — Construction plan.
(a) Signed and sealed construction DYolimiRaFy sUo+r-h Ar plans. Upon approval of a plat, a letter
listing the required subdivision improvements will be provided to the subdivider and/or his/her
engineer. The department of resilience and public works requires signed and sealed
construction plans to be submitted for pFepaFed H SORg the to tati„o plat as a basic a pFelimiRaFy
sketch nY plan delinoa+inn the required subdivision improvements. Feq iii:ed feF the plat. Th s
The plans sketGh shall be the basis for preparing the estimate for the required bond., and feF
']Y1l'i ll1Y his /h e F e R g 0
R e e r,
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(d) Acceptance of improvements. When construction is completed in accordance with the
approved plan and specifications, and complies with the provisions of these regulations, the
subdivider shall submit to the department of resilience and public works "as -built" drawings of
the required subdivision improvements, /' FaWR OR
irh eR dFaftiRg IiReR eF My!aF base for inclusion
in the files of the department. These as -built drawings shall be signed and sealed by a-R a
professional engineer or professional surveyor and mapper. On acceptance and approval of
these drawings by the department, the subdivider shall be given written notice of approval and
acceptance of the construction by the department of resilience and public works.
*„
Section 4. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 8 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020
File ID: 7633
Enactment Number: 13919
Section 5. This Ordinance shall become effective thirty (30) days after adoption thereof
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
&ina z, ity ttor ey 8127/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 9 of 9 File ID: 7633 (Revision: A) Printed on: 1011912020